Official Translation REPUBLIC OF LITHUANIA LAW ON AMENDMENT OF REPUBLIC OF LITHUANIA LAW ON PROVISION OF INFORMATION TO THE PUBLIC August 29, 2000.    No. VIII - 1905 Vilnius ARTICLE 1.  New Edition of Republic of Lithuania Law on Provision of Information to the Public To amend the Republic of Lithuania Law on Provision of Information to the Public as follows: “REPUBLIC  OF LITHUANIA LAW ON PROVISION OF INFORMATION TO THE PUBLIC CHAPTER I GENERAL PROVISIONS ARTICLE 1. Objective of the Law This Law shall establish the procedure of obtaining, processing, and disseminating public information and the rights, obligation and liability of public information producers, disseminators, owners thereof, journalists and institutions regulating their activities. ARTICLE 2. Principal Concepts of this Law 1. Subscriber means a person, who according to a contract with a broadcaster or an operator, receives television and (or) radio  programmes (further- programmes). 2. Terrestrial Television and Radio means programme broadcasting and (or) rebroadcasting via terrestrial television, radio station or network thereof.   3. Terrestrial Television, Radio Network means a telecommunications network comprised of more than one terrestrial television, radio station and which is intended for broadcasting, rebroadcasting and (or) transmitting of the same programme. 4. Persons means natural or legal persons as well as enterprises not having the rights of legal person. 5. Personal Health Information means information, stipulated by the Law on the Health System, concerning the health of a person. 6. Audiovisual Policy means determination and implementation of the principles and directions of expansion in State administration of the Audiovisual sector, Republic of Lithuania laws and other legal acts regulating the  audiovisual sector’s activities, co-ordination with international requirements in expanding Lithuania’s audiovisual market. 7. General Reception Network means the local telecommunications network used to receive the programmes broadcast by terrestrial television and radio stations and also to transmit them through distributor lines to terminal equipment. 8. Disinformation means false intentionally disseminated information. 9. Terminal Equipment means televisions, radio receivers, and reception equipment used in other broadcast programmes and other types of information reception. 10. Audiovisual Productions  means cinematographic productions or any other productions expressed by mean of cinematography that are comprised of a series of related images expressing a motion, with or without accompanying sounds,  recorded (fixed) in an audio communication medium. 11. Cable Television, Wire Radio means broadcasting and (or) rebroadcasting of  programmes through the cable television and wire radio network. 12. Cable Television and MMTV Operator means a person using his own or another person’ cable television or MMTV telecommunications network (further - operator). 13.  Cable  Television,  Radio Wire Network means the telecommunications network intended for broadcasting and rebroadcasting, approving, changing their coding practice or electromagnetic oscillation parameters and transferring them by cable and wire distribution lines to  the terminal equipment of subscribers. 14. Channel (communications channel) means the  radio frequency strip, essential in transmitting  at least one programme. 15. Broadcast is a continuous portion of the programme, usually having its own name, broadcasting time, authors and managers. 16. Microwave Multi-channel Television (further - MMTV) means the system of broadcasting and (or) rebroadcasting by the MMTV network.. 17. Microwave Multi-channel Television  Network (further-MMTV network) means telecommunications network, used in programme broadcasting, rebroadcasting, receiving, changing their means of coding or electromagnetic oscillation parameters and transmitting them through terrestrial microwave transmitters  and reception network of signals of those transmitters to the terminal equipment of subscribers.  18. Independent Producers are persons not holding broadcaster shares, co-owner shares or member shares and not occupying a position in broadcaster administration bodies membership, who are not linked with labour, service relations  or joint activity with the broadcaster, producing audiovisual productions,  and selling them freely or transferring  them otherwise. 19. Opinion means ideas, assessments and  remarks, published in the mass media, regarding phenomena or events. Application to opinion of the criteria of veracity is not mandatory however it must be based on  facts and expressed ethically. 20. Official State and Local Government Institution and Office Documents  means written, graphic, sound, video, computer information or other documents, that concern the activities of State or local government institutions and agencies, that are included in that institution’s  accounting and are produced or received by them. 21. Private Information  means  information about an individual’s personal and family life, personal health and other information not to be published  on the basis of the protection of a person’s right to privacy. 22. Programme  means the total entity of broadcasts transmitted by a broadcaster. 23.  Radio, Television Station  means a technical complex, comprised of radio, television transmitters along with antennae and other technical equipment, designed for broadcasting, rebroadcasting and transmitting of programmes. 24. Advertisement means any information, disseminated  by  producers and (or ) disseminators  of public information which a person linked with commercial, economic or professional activity  requests of them,  for the purpose of self-advertisement, or seeking to promote the sale of goods or use of services,  including  the acquisition of  real property, and transfer of property rights and obligations, in return for payment or other similar compensation; surreptitious advertisement means information  about the producer or service supplier, the name of his enterprise or activity, goods, service mark, which the public information producer and (or) disseminator has intentionally presented in such a fashion, that the consumers of this information may not perceive the fact that it is an advertisement. 25. Rebroadcasting means reception  of programmes broadcast by third parties or  the parts thereof, from broadcasters and the transmission at the same time of such unaltered, to consumers. 26. Sponsorship means financial or other material assistance, that a person who is not a participant in the activity of the sponsored public information producer and (or) disseminator, striving to advertise his own name,  trademark, image, communications activity or products thereof,  gives to the  producer and (or) disseminator of public  information. 27. Transmission means the sphere of telecommunications activity  which encompasses broadcasting and (or) rebroadcasting  of electromagnetic signals of a programme through a telecommunications channel to the terminal mechanisms of subscribers. 28. Telecommunications Network  means a system of transmission of  information and (or) commutation and other equipment, which are intended for signal transmission by wire, radio, optic or other electromagnetic systems, including cable television, MMTV and general television reception networks. 29. Teleshopping  means the form of advertising whereby the broadcaster for a certain fee, broadcasts an advertising client’s direct offers to the consumer to purchasing goods or making use of services, including among them acquisition o f real property, and  property  rights and obligations. 30. Teleshopping window means  an uninterrupted television broadcast, of at least 15 minutes dedicated to broadcasting of teleshopping  advertisements broadcast through television channels that are not exclusively dedicated  to  teleshopping. 31. Broadcasting means production of programmes and the primary transmission thereof  to the public through electronic communication networks. 32. Broadcasting and (or) rebroadcasting license is a written document issued by the Lithuanian Radio and Television Commission, granting its holder the right to engage in programme broadcasting and (or) rebroadcasting activity in stipulated areas with a right to use a channel (radio frequency), stipulated in the licence by the  Communications Regulation: Service, or to use a transmission service supplied by a third party  for this party, using a frequency assigned by the Communications Service and setting the conditions of such broadcasting and (or) rebroadcasting. 33. Broadcaster is a person who possesses  a broadcasting and (or) rebroadcasting license or in instances determined by laws, does not possess one, who assumes editorial responsibility for broadcast programmes, produces and broadcasts them himself, or permits another person to rebroadcast or transmit them unaltered; a national range broadcaster is a broadcaster whose broadcast programmes may be received within a territory  inhabited by more than one half of Lithuania’s population; a regional scope broadcaster is a broadcaster whose broadcast programmes can be received within a territory inhabited by the population of more than one district or city; a local broadcaster is a broadcaster whose broadcast programmes are transmitted by one transmitter and are received by the population of one city or  region  and do not comprise the national network. 34. Public Information means information intended for public dissemination, or otherwise publicly accessible. 35. Producer of Public Information is a publishing house, broadcaster, movie, sound or video studio, information  agency, editorial office or other person, engaged in the production of  public information. 36. Disseminator of Public Information is a person who broadcasts, rebroadcasts, sells or disseminates by other means, public information  to the public. 37.  Owner of Producer and (or) Disseminator of Public Information is  a person, who alone or with other persons controls a public information producer and (or) disseminator, through his right of ownership. 38. Provision of Information to the Public means an activity through which public information is presented for everyone. 39. Mass Media means books, newspapers, journals, bulletins or other publications, television and radio programmes, film and other  audiovisual  studio productions and other means of disseminating of information. According to this Law, technical and service documents and securities are not ascribed to mass media. 40. News  means facts or data based upon fact,  published by the mass media. 41. Journalist is a person who professionally collects, writes, edits, or otherwise prepares material for the public information producer on his own initiative or according to a contract with  a producer or at his instruction and  (or) is a member of the Professional  Journalists’ Association). ARTICLE 3. Basic Principles of Provision of Information to the Public 1. In the Republic of Lithuania, a guarantee is provided for the freedom of information enshrined in the Constitution, this and other laws, and international conventions and agreements ratified by the Republic of Lithuania. 2. Producers and disseminators of public information and journalists shall be governed in their  activities by  the Constitution and laws,  international agreements ratified by the Republic of Lithuania, and also the principles of humanism, tolerance, respect of an individual, honour freedom of speech, creativity and conscience, variety of opinion, maintain the norms of the professional ethics of journalists, assist in developing democracy, public openness, promote civic responsibility and state progress, strengthen state independence and develop national culture and morality. 3. Public information must be presented in the public information media correctly, accurately and in an unbiased fashion. 4. The use of freedom of information may be linked to  such requirements, conditions, constraints or penalties, which are designated by laws and which in a democratic society are necessary for the state security of Lithuania, territorial integrity, public order interests,  defence of constitutional order,  guarantee of the impartiality of judicial authority in striving to bar the way of law violations and crimes and disclosure of confidential information,  and to  protect the  people’s health and morals, as well as private life, dignity or rights  of other individuals. 5. One shall be held accountable according to the procedure established by this and other laws and for violations against freedom of information, and also against the constraints of freedom of information established by this and other laws. CHAPTER II FREEDOM OF INFORMATION AND PROTECTION THEREOF ARTICLE 4.  Freedom of Information 1. Each individual shall have the right to freely express his ideas and convictions. This right shall encompass freedom to maintain one’s opinion, to seek, obtain and disseminate  information and ideas according to established conditions  and procedure. 2. Unrestricted reception and rebroadcasting of television programmes broadcast from European countries, Members of the European Union and other European countries which have signed the Council of Europe Convention on Transfrontier Television, shall be guaranteed in the Republic of Lithuania. ARTICLE 5. Right to Collect and Publish Information 1. Every person shall have the right to: 1) collect information and publish it in the mass media; 2) not to give permission to publish the information produced by him, should its content have been distorted during editorial preparation; 3) take notes, photograph, film, use sound and video technical equipment, as well as other means of securing information, except in  instances indicated in Article 13 of this Law; 4) publish broadcasts or published works using  his own name, pseudonym or anonymously. 2. No one shall be forced to disseminate the information of state or local authority institutions and agencies, and other budgetary institution information, except in instances specified by laws. ARTICLE 6. Right to Obtain Information from State and Local government Institutions and Agencies 1. Every individual shall have the right to obtain from State and local authority institutions and agencies and other budgetary institutions public information regarding their activities, their official documents (copies), as well as private information about himself, held by the aforementioned institutions. 2. State and local government  institutions and agencies must inform the public of their activities. 3. State and local government institutions must, in accordance with the procedure established by the Law On the Right to Obtain Information from State and Local government Institutions and other laws, furnish  public information  as well as, private information held by them, except in instances specified by laws, when private information is not to be divulged. 4. Information  for the preparation whereof,  accumulation of additional data is not necessary, shall be provided for public information producers and (or) disseminators, no later than within one workday, while information for the preparation whereof, one must accumulate additional data, shall be provided no later than within a week. 5. State and local government institutions and agencies, other budgetary institutions, which have refused to give out public information to a producer of public information, must no later than on the next work day inform the producer in writing, stating the reasons for refusal to provide the information. 6. The public information of State and local government institutions and agencies shall be free of charge. These institutions may accept some payment only for the services involving search of the information supplied, official registering of the information or issuance of documents and multiplication  (copying) thereof. This payment may not exceed the real expenditures  of information provision. 7. Other institutions or enterprises, as well as political parties, trade unions, political, public and other organisations, shall provide public information producers and other persons with public information concerning their own activity, according to the procedure established in the bylaws, of these institutions, enterprises or organisations. ARTICLE 7. Freedom of Editing Information 1. In striving to ensure freedom of information, it shall be prohibited to influence a public information producer, disseminator, owner thereof or journalist in compelling them to present incorrect information regarding some events or facts through the mass  media. 2. A journalist shall have the right to refuse the assignment of a public information producer, owner or  a responsible person appointed by them, in connection with production of public information  and (or) dissemination thereof, should this assignment  compel him to violate laws or the Lithuanian Code of Journalist and  Publisher Ethics. 3. One shall be liable for actions that shall be in violation of the provisions of this Article, according to the procedure established by laws. ARTICLE 8. Confidentiality of Information Source The producer, disseminator of public information and the owner of the producer and (or) disseminator of information and journalist shall have the right  to protect the  source of information and not to disclose  the source of information. ARTICLE 9. Right to Public Criticism of the Activity of Officers of State and        Local Government Institutions and Agencies Every person shall have the right to publicly criticise the activities of State and local government institutions and agencies as well as the activity of officers. Persecution for criticism shall be prohibited in the Republic of Lithuania. ARTICLE 10. Prohibition to Apply Unlawful Constraints to Freedom of Information 1. The government and other executive power institutions State, local government institutions and institutions that regulate the activities of public information producers and (or) disseminators shall be prohibited from placing constraints by their own legal acts, on freedom of information  as defined by laws 2. Censorship of public information shall be prohibited in the Republic of Lithuania. Any actions shall be prohibited by which an attempt to control the content of the information published in the mass media prior to publication of this information, shall be made. ARTICLE 11. Right to Defend Freedom of Information 1. Every  person shall have the right to appeal in court against the decisions of State and local government  institutions, agencies  and the officers thereof, as well as actions thereof, should they violate or unlawfully constrain a person’s right to obtain, collect or disseminate information. 2.Persecution of a producer, disseminator, owner of public information or journalist for published information shall be prohibited, if no violations of laws occurred during its  production and dissemination. ARTICLE 12. Accreditation of Journalists 1. The public information producer and (or) disseminator shall have the right to accredit his own journalists with  state institutions, political parties, political and public organisations and also according to other institution party agreements. 2. A journalist may take part  in the  meetings  of the institution  or organisation he is accredited with, and other events, shall be provided with minutes reports, minutes and other documents or the copies thereof in accordance with  the conditions  stipulated through mutual agreement. 3. Journalists from other states, accredited with the Ministry of Foreign Affairs, shall acquire equal rights with Lithuanian journalists to collect and publish information. CHAPTER III PROTECTION OF INDIVIDUAL, PUBLIC AND STATE INTERESTS IN SPHERE OF PROVISION OF INFORMATION TO PUBLIC ARTICLE 13.  Protection of Individual Rights and Dignity 1. In striving to avoid violation of the rights of an individual, protect his honour and dignity in collecting and openly publishing information it shall be prohibited to: 1) film, photograph or do sound and video recording within someone’s domain, without that  person’s approval; 2) film, photograph or make sound or video tapes during closed events without the approval of the organisers having the right to hold such events; 3) film and photograph a person or use his photographs for advertisement purposes without the consent of such persons. 2. The prohibitions indicated in paragraph one of this Article shall not apply, when there exists sufficient basis  to assume that some breaches of  law are being fixed. 3. Liability for violation of the requirements stipulated in this Article in collecting  and publishing public information shall be determined  in accordance with the procedure established by this and other laws. ARTICLE 14. Protection of Personal Privacy 1. In producing and disseminating public information it is mandatory to ensure a person’s right  to have his personal and family life respected. 2. Information about a person’s private life may be published  with the exception of the instances stipulated in paragraph three of this Article, only with the consent  of that person, and if publication of the information  shall not  cause undue harm to the person. 3. Information concerning private life  may  be published without the person’s consent in those cases, when  publishing of the information shall not pose harm to the person or when the information shall assist in uncovering law violations or crimes also, when the information shall be presented in the examination of a case in an open court process. In addition,  information concerning a public figure’s ( of state political figures, public servants, heads of political parties and public organisations and other persons participating in public or political activity) private life may be made public without his consent, if this information shall   disclose the circumstances of this person private life  or personal traits which are of  public significance. 4. Liability for the violation of a person’ right to privacy in the mass media, shall be in accordance with the procedure established by this and other laws. ARTICLE 15.  Right to Respond Every natural person, whose honour and dignity shall be degraded by information published about him in the  mass media, which is false, inaccurate or biased also, every legal person whose legitimate interests, particularly his reputation, have been damaged by published information which is false, inaccurate or biased, shall have the right to respond, denying the false information, or correcting the inaccuracy, or to demand that the public information producer and (or) disseminator, would issue a denial regarding it, in accordance with the procedure established in Article 45 of this Law.   ARTICLE 16. Right to Receive Compensation for Moral or Material Damage 1. Every natural person, whose honour and dignity shall be degraded as a result of published information about him which  is false, shall have the right provided by laws, to receive compensation for the inflicted moral harm  according to the procedure stipulated in Article 54 of this Law. 2. Every legal person, whose legitimate interests, especially his reputation, have been damaged by published  false information , shall have the right in accordance with the procedure established by laws, to receive compensation for inflicted  material damage. ARTICLE 17. Ensuring  Diversity of Opinion in Mass Media  1. Respecting  the diversity of opinion, producers and disseminators of public information  must present in the mass media as many as possible  opinions that are independent of one another. 2. In publishing public opinion survey indication must be given regarding the statistical reliability of these surveys (indicating the survey sample and possible margin of error). ARTICLE 18. Protection of Minors 1. Minors must be protected, as it is required by the Law on Fundamentals of Protection of the Rights of the Child and other laws, the United Nation Convention on the Rights of the Child and other international agreements of the Republic of Lithuania, from public information   detrimental to their physical, intellectual and moral development, particularly that which is linked with pornography and (or) gratuitous portrayal of violence.  2. A separate law shall  establish the criteria of ascribing the  public  information which may prove to have a detrimental effect on the physical,  intellectual or moral development of minors. 3. Programmes or broadcasts, which may have a negative effect on the physical, intellectual or moral development of minors, shall be broadcast only from 23:00 to 6:00 hours or through the use of certain technical means, creating conditions  for parents to make certain that minors would not see and hear such programmes. 4. If broadcasts of violent or erotic nature are not being coded, an acoustic warning regarding their nature,  should be sounded prior to broadcasts thereof, and while broadcasting a television broadcast, an appropriate recorded message should be broadcast prior to the broadcast, and a visual symbol shown, throughout the entire viewing time. 5. One shall be liable for dissemination of public information  which is in violation of the requirements set forth by this Article, in accordance with the procedure established by this and other laws. ARTICLE 19. Information not to be Furnished 1. State and local government institutions and agencies as well as other agencies, enterprises and organisations shall not furnish to public information producers, and (or) disseminators  and other persons information, which according to laws is a state, official, professional, commercial or bank secret or is private information. 2. Also not to be furnished shall be  information, the furnishing whereof is prohibited by other laws,  because its furnishing would cause damage to interests of state security and defence, foreign policy interests, criminal prosecution of  persons and also, would violate the territorial integrity of the state or public order, or the failure to furnish it  might bar the way to serious law violations or would be very important in protecting human health .  3. In accordance with the procedure established by laws, the refusal to furnish requested information shall be given to the person in writing, with an indication of the reasons for refusal to furnish the information, included. ARTICLE 20.  Information not Subject to Publication 1. It shall be prohibited to publish in the mass media information which shall: 1) incite to change the constitutional order of the Republic of Lithuania through the use of force; 2) instigate attempts against the sovereignty and territorial integrity of the Republic of  Lithuania; 3) instigate  war, national, racial, religious and  social discord and gender enmity and hatred; 4) disseminate, propagate or advertise pornography as well as propagate and (or) advertise sexual services and sexual deviations; 5)  propagate and (or) advertise narcotic or psychotropic substances.           2. Dissemination of disinformation and information  which is slanderous, insulting to a person and  degrading to the  personal honour and dignity of a person, shall be prohibited. 3. It shall be prohibited to disseminate information in violation of the presumption of innocence or which may obstruct impartiality of the judiciary authorities.  In instances determined by laws and procedure, the court  may limit the dissemination in mass media, of the appraisals and comments, linked with a case which has not yet been examined in court and possibly having an impact on court impartiality and independence. 4.  Violations of the constraints stipulated in this Article shall be punishable according to the procedure established by this and other laws. 5. The Government shall establish the procedure of dissemination  of press publications, film and video-film, radio and television programmes and other public information attributed to erotic, violent or other restricted public information. ARTICLE 21. Obligation to Publish Official State Announcements 1.  In case of natural disasters and calamities, major accidents or epidemics, war or martial law declarations, public information producers and disseminators must, in instances and by the procedure stipulated by the Government, publish official state announcements effectively and free of charge. 2.  In the event of war or martial law,  the Seimas may set restriction by law upon the activity of public information producers and disseminators and  (or) other  obligations, necessary for the protection of the citizens  and public interests. 3. Refusal to announce official state announcements in the cases indicated in paragraph one of this Article shall incur liability according to the procedure established by laws.   ARTICLE 22. Protection of Copyright and Related Rights Public information producers, disseminators and journalists shall use literary, scientific, pertaining to art  and other works on the basis of the Law on Copyright and Related Rights and other laws and legal acts.  CHAPTER IV PRODUCTION AND DISSEMINATION OF PUBLIC INFORMATION First Section Producers and Disseminators of Public Information, their Legal Status and Activity Conditions ARTICLE 23. Public Information Producers, Disseminators and Owners Thereof 1. The relations of the public information producer, disseminator and owners thereof shall be regulated by this and other laws, normative acts and an agreement between the parties. 2. Natural persons  of the Republic of Lithuania and  foreign states  and all types of enterprises and organisations which have  established an enterprise a branch thereof, in the Republic of Lithuania in accordance with the procedure established by law, with the exception of the persons stipulated in paragraphs 4, 5 and 6  of this Article and other laws, may become producers and (or) disseminators of public information. 3. The owner of a public information producer or disseminator may, in instances and by procedure established by laws, interrupt or organise his activity or transfer the producer or disseminator to other persons indicated in paragraph 2 of this Article. In selling or otherwise transferring at least 10 percent of the broadcaster’s or operator’s actions, it is essential to inform the Radio and Television Commission of Lithuania regarding this. Should, upon the sale or otherwise transferring of 10 or more, percent of a broadcaster’s or operator’s shares,  the owner (owners) or the controlling package of shares change, a written consent of the Radio and Television Commission of Lithuania regarding the sale  or other transfer of the aforementioned shares, shall be required, prior to the sale or other transfer of shares taking place. This requirement shall  apply also in those instances when having sold or otherwise transferred a broadcaster’s or operator’s assets  or a part thereof (if the assets do not consist of shares),  control of a broadcaster or operator shall pass to another person. 4. A person who has been prohibited from this activity by a court decision may not be a producer or disseminator of public information. 5. A political party or political organisation may not be the owner of a broadcaster and operator. 6. State institutions (except scientific and teaching institutions) local governments and banks may not be public information producers and (or) owners thereof, but may publish non periodical  information type publications intended for informing the public of its activity. The State or state institutions (except scientific and teaching institutions), local governments and banks may not possess any public information producer shares, if not otherwise specified by laws. 7. Each public information producer or owner thereof  must appoint a person (senior editor, editor, broadcast director) who shall be responsible for the content of the mass media. In instances where a producer and owner of public information shall be one and the same natural  person, he shall be liable for the entire content of his public information media. 8. The public information producer or owner thereof must prepare and approve internal procedure regulations, in which must  be established  the service relations, duties, liability of public information producers and hired employees,  as well as the journalist’s protection from possible restrictions  of his freedom. ARTICLE 24. Data on Producers and Disseminators of Public Information and Owners Thereof 1. Annually, by March 30th, producers and (or) disseminators of public information, except for broadcasters having the license of the Lithuanian Radio and Television Commission, are obliged to submit to a Government-authorised institution in the public information sphere (further - Government - authorised institution), data regarding shareholders or co- owners of the enterprise owners who have the right of ownership or administer at least 10 percent of all the shares  or assets (if the assets are not divided into shares). They must indicate the forenames and family names (titles) of such shareholders, personal identification number (registration number), the portion of  assets held or number of shares and number of votes in percent. Producers and disseminators of public information must annually by March 30th, submit to a Government-authorised institution information about its own administrative body and the persons in charge and information about  property relations and (or) joint activity  linking them with other producers of public information and (or) disseminators and (or) owners thereof, in accordance with the procedure established by this institution. A Goverment-authorised institution, must  by May 15th of that year, publish in the supplement to the “Official Gazette,” “Information Supplement,” data submitted by public information producers and disseminators. 2. Members of the Government and Seimas, public servants of  political (personal) confidence and other  State institution heads must ,according to the procedure established by a Government authorised institution, publish in the supplement to the “Official Gazette,” “Information Supplement,” information regarding of which public information producers and  disseminators they are  owners, co-owners or shareholders. 3. Public information producers or disseminators and journalists must disclose in their mass media the sponsorship they received, if this exceeds  one minimum wage amount indicating the size of the sponsorship and whom it was received. 4. For failure to publish the information stipulated in this Article, Penalties shall be given in accordance with the procedure established by laws, ARTICLE 25. Registration of Public Information Producers 1. The producers and disseminators of public information shall be registered in the Register of Enterprises according to the procedure established by  laws. ARTICLE 26.  Broadcasters Within Republic of Lithuania Jurisdiction 1. A broadcaster in Lithuania and shall abide by the laws of the Republic of Lithuania  and other legal acts in those instances, which coincide with at least one of the following conditions: 1) main headquarters of the broadcaster is located in Lithuania and its editorial decisions concerning broadcasting programmes, are adopted in Lithuania; 2) main headquarters of the broadcaster is located in Lithuania, editorial decisions regarding broadcast programmes are adopted in another member state of the European Union, but the major number of employees engaged in broadcasting activities work in Lithuania; 3) main headquarters of the broadcaster is located in another member state of the European Union, however, editorial decisions are adopted in Lithuania  and the major number of its employees engaged in broadcasting activity, work in Lithuania. 4) the major number of employees of a broadcaster engaged in broadcasting, work both in Lithuania and the other state, a member of the European Union, as well, but the main headquarters of the broadcaster is in Lithuania. 5) main headquarters of the broadcaster is in Lithuania, but editorial decisions regarding broadcasting programmes are adopted in another state – a member state of the European Union or vice versa, and a major number of the broadcaster’s employees do not work in either of the states, however,  the broadcaster began his  activities in Lithuania observing  the Laws of the Republic of Lithuania, and has stable economic ties in Lithuania; 6) main headquarters of the broadcaster is in Lithuania, but editorial decisions regarding the programmes being broadcast are made in another, a non European Union state, or vice versa  and the larger number of employees engaged in broadcasting work, are working in Lithuania; 7) broadcaster is using a channel  (radio frequency) belonging to the State; 8) broadcaster uses a communications satellite belonging to the Lithuanian State or a terrestrial station installed in Lithuania, which transmits a signal to the communications satellite. ARTICLE 27. Dissemination of Public Information 1.The public information producer himself or another person  in accordance with a  contract with the public information producer or with his permission, shall disseminate information  to the  public. 2. It shall be permitted to disseminate in the Republic of Lithuania, works of mass media produced abroad, if the contents thereof do not contradict the provisions of this Law and international agreements of the Republic of Lithuania. ARTICLE 28. State Support for Public Information Producers 1. The State shall support  the cultural and educational activity of public information producers. State financial support shall be provided for public information producers with the exception indicated in paragraph 6 of this Article, through a public institution, the fund for the Support of the Press, Radio and Television (further - Fund). The Seimas shall appropriate  funds  from the State Budget for the Fund,  annually. 2. The Fund shall operate, based upon this Law, the Law on Public Institutions and other laws, as well as the Fund’s bylaws. Founders of the Fund shall be: The Lithuanian Architects’ Union, Lithuanian Artists’ Union, Lithuanian Photo Artists’ Union, Lithuanian Cinematographers Union,  Lithuanian Film Artists’ Union, Lithuanian Composers’ Union, Lithuanian Folk Artists’ Union, Lithuanian Theatre Union, Lithuanian Scientists’ Union, Lithuanian Cable Television Association, Lithuanian Radio and Television Association, Regional Televisions ‘ Association,   Lithuanian Periodical Press Publishers’ Association, Lithuanian Journalists’ Society, the Ministry of Culture and the Ministry of Education and Science. 3. The Council of the Fund shall be in charge of the Fund’s activity. The co- owners of  the Fund, shall each appoint one member to the Fund’s Council. A Council member shall be appointed for a term equivalent to the term of office of the organisation appointing him or that of its administrative bodies. the Ministry of Culture and the Ministry of Education and Science shall appoint the Fund Council members for a term of 4 years. The chairman of the Council, who shall be elected by the Fund Council for a 3-year term, shall head the Council. Decisions of the Fund Council shall be adopted by a simple majority vote of the Council members.  4. Sources of funding for the Fund: 1) State grants (subsidies); 2) Funds contributed by legal or natural persons; 3) License tax on broadcasters registered in the Republic of Lithuania; 4) Interest on Fund money kept in banks;  5) Other legally obtained funds; 4. The cultural and educational activities of  public information producers shall be supported according to public tender based upon the programmes submitted to the Fund. The Government shall approve the general regulations of the public tender, co-ordinated with the Seimas Committee on Education, Culture and Science. 5. The Fund shall publish in the press an annual report of activities and the chairman of the Fund Council shall present at a Seimas plenary sitting, an annual report on the distribution  and use of the funds received from the Budget. 6. Financial support from the State Budget for book publishing and also publishing of production disseminated through audiovisual media shall be provided through the Ministry of Culture and the Ministry of Education and Science, based upon the recommendation of the expert commissions working at these ministries. ARTICLE 29. Honest Competition in the Sphere of Provision of Information to the Public 1. State and local government institutions, a well as other enterprises, institutions and organisations  or natural persons,  may not  monopolise mass media. 2. The State shall create equal legal and economic opportunities for honest competition of public information producers and disseminators, excepting the producers and (or) disseminators of productions involving violence and eroticism. State institutions shall supervise and establish  in accordance with the procedure established by laws regulate in order to ensure that  no single person  would occupy a monopoly position or abuse the occupied  dominant position among public information producers or disseminators or  within the market of some individual  type of mass media. A dominant position in the sphere of provision of  information to the public, shall be determined based upon the Law of Competition. 3. Constraints determined by this and other laws or legal acts may be applied to producers and (or) disseminators of public information involving violence and eroticism. ARTICLE 30. National Radio and Television of Lithuania The National Radio and Television of Lithuania (hereinafter - LRT)  is a non-profit  public institution belonging  to the State by the right of ownership, operating in accordance with the Law On the National Radio and Television of Lithuania. ARTICLE 31. Licensing of Broadcasting and Rebroadcasting Activity 1. Broadcasting and rebroadcasting activities shall be licensed in Lithuania, with the exception of broadcasting and rebroadcasting performed by the LRT. Persons who desire to engage in broadcasting and (or) rebroadcasting activities, must obtain a license from the Radio and Television Commission of Lithuania, except in instances when channels  (radio frequencies)  shall not be used for this activity. At the end of each quarter of the calendar year,  the Service of Communications Regulation shall provide information to the Commission regarding newly-co-ordinated radio frequencies (channels) for programme broadcasting and (or) rebroadcasting. The Commission shall announce tenders for channel (radio frequency) use in broadcasting or rebroadcasting,  with the right granted to the winner of the tender  to use a channel (radio frequency )  to broadcast or rebroadcast programmes and (or ) to use the transmission service of a third party. The Service of Communications Regulation shall assign a channel (radio frequency) to programme broadcasting and (or) rebroadcasting with a right to establish, equip and use radio or television stations and (or) communications network only to persons who have obtained a Commission license. The license to use a transmission service provided by a third-party, shall not provide a right, to establish, equip and exploit  its own radio and television stations and (or) communications networks using  the channels (radio frequencies) assigned to transmission service supplier. 2. The Service of Communications Regulation shall have a right to change the radio frequency assigned to a license holder, only in instances  when it shall be required by international obligations of the Republic of Lithuania or strategic plan (further -  Strategic plan) changes. Upon closure of radio frequency, a different radio frequency shall not be assigned to the license holder, if he has the right to broadcast the programme through   another radio frequency strip. 3. Channels (radio frequencies) shall be the property of the Republic of Lithuania  and may not be privatised. 4.  LRT activities shall not be licensed. The Service of Communications Regulation shall assign channels (radio frequencies) for broadcasting LRT  programmes, without a tender, based upon the strategic plan, upon co-ordinating the decision with the Commission. 5. The procedure of issuing licenses shall be established by this and other laws, the Commission’s regulations and Licensing Regulations of Broadcasting and Rebroadcasting, which shall be approved by the Commission. 6. In issuing licenses, priority shall be accorded to broadcasters who assume the responsibility to produce broadcasts of original creativity of a cultural, informational and educational type, to ensure correct and unbiased presentation of information, to respect personal dignity and a right to privacy, to observe the requirements set forth by laws and other legal acts, by which one strives to protect the physical, mental and moral development of minors from a possible negative effect of the mass media, and also for the broadcasters within whose reception zone, other  stations are not yet broadcasting. 7. The following broadcasting licenses shall be issued by way of tender: 1) to broadcast radio programmes with the right to establish, equip and use radio stations; 2) to broadcast radio programmes with the right to use transmission services provided by a third party; 3) to broadcast television programmes with the right to establish, equip and use  television  stations; 4) to broadcast television programmes with a right to use transmission services supplied by a third party; 5) for radio programmes to broadcast and rebroadcast by wire radio networks programmes which they produced by wire radio networks, with a right   to  establish, equip and use radio stations  or use transmission services supplied by a third country;                          6)  to  rebroadcast and broadcast  radio and television programmes produced by themselves, through the  cable television or MMTV networks with the right to establish, equip and use the cable television network  or use transmission services provided by a third country. 7) to rebroadcast radio and television programmes through cable television or MMTV network s with the right to  establish, equip and use a cable television or MMTV network or use transmission services supplied  by athird - party; 8.   The Commission may issue the licenses indicated in paragraphs 7, without a tender, in the following instances: 1) when unlimited resources of radio frequencies stipulated in the strategy plan are being used; 2) for radio, television station of up to 1 W power for a period not to exceed one year; 3) up to 20 W power radio, television station  for  broadcasts of  educational and cultural programmes of science and teaching  institutions, for a period not to exceed  3 years; 4) for owners of general reception networks, who implement frequency conversion and signal modulation and connect up to 300 apartments/properties, for a period not to exceed 3 years. The owners of community networks which  connect to fewer than 300 apartments (properties), must obtain licenses in accordance with the procedure established by the Law on Communications. 9. The Commission shall issue licenses not to exceed  a  term of 10 years, to national scale and cable television broadcasters and MMTV operators, not to exceed 5 years to regional scale broadcasters  and not to exceed 3 years to local broadcasters. 10. The Commission shall determine the fee for issuance or extension of a license.  This tax shall be transferred to the Foundation for the Support of the Press, Radio and Television for assisting the audiovisual projects of independent producers. 11. The license issued by the Commission, shall not  constrain the broadcaster   to provide through the same telecommunications network or through individual equipment, other unlicensed services, if the provision thereof shall not interfere with programme broadcasting in accordance with the conditions stipulated by the license. Only the persons having a license, may form contracts with the owners of telecommunication networks, for the broadcasting or rebroadcasting of programmes. 12.  Upon  expiration of the validity of a license, the Commission shall extend through a procedure without a tender for the same duration of time, the validity of a license per request of a person holding the license, provided that  the broadcaster has not violated Republic of Lithuania laws, which regulate broadcasting or rebroadcasting activities, license conditions and Commission resolutions. A request of licence extension must be submitted by broadcasters at least six months prior to the expiration of the license. The decision to extend the  license or provide a justified refusal to extend it, shall be adopted by the Commission 60 days from the day of the receipt of the request. The requester shall be advised in writing of the time and place of the Commission ‘s meeting. 13. The Commission may interrupt the validity of a license by its own decision for a term not to exceed  three months, if the person holding the licence: 1) fails to pay  the payments stipulated in paragraph 11 of Article 48; 2) fails to implement or systematically violates the conditions of the license; 3) fails to adhere to this and other laws and standard acts or to implement decisions  and lawful requirements of the Commission; 4) fails to pay license fees on time. 14. The Commission may annul the validity of a license by its own decision if: 1) the broadcaster  relinquishes the license; 2) the broadcaster is s liquidated or otherwise discontinues his activity; 3) a broadcaster does not implement licensed activity for more than 2 months in succession or more than 3 months in the course of a calendar year, without the Commission’s permission; 4) winner of tender has not begun broadcasting  during the terms set by the Commission; 5) the broadcaster has submitted false documents for the tender or extension of license; 6) the broadcaster fails to eliminate the violation, concerning which a temporary license suspension had been given him or he commits a violation anew. 7) broadcaster broadcasts a programme, while the validity of his license is temporarily suspended; 8) not having obtained the Commission’s permission, the owners of the controlling package of shares of the broadcaster or operator shall change or the broadcaster’s  operator’s control shall be transferred to another person. 15. A person having a license may not transfer the license or the rights thereof  to other persons.  In the event of a licensed person  reorganising to another person (persons), the newly-established person (persons) may be issued a new license (new licences)  without a tender, by a decision of the Commission, if this person prior to  reorganisation  shall submit to the Commission an appropriate request and a draft of the reorganisation and if he has not violated prior to the reorganisation as well as in the course of the reorganisation, the Republic of Lithuania laws, regulating broadcasting or rebroadcasting activity, licensing conditions and Commission decisions. 16. Should license-holding enterprises which have at least 10 per cent of the shares, be transferred to other persons and (or)  its management (administration or council head, or composition of council) change, the person holding the license must inform the Commission regarding such changes, at least within  thirty days from the day of transfer of property rights to other individuals. 17. The Commission shall supervise the observance of license conditions. 18. Connection of the cable television networks, distribution line or equipment  and (or) common use shall be implemented based upon  operator agreement among themselves  in forming appropriate contracts and without violating the requirements set forth. Operators must inform the Commission regarding such acts within 30 calendar days. 19. The person holding the license must no later than within a thirty-day period,  inform the Commission regarding planned interruption of licensed activity. A licensed person, who wishes to temporarily suspend licensed activity, must obtain approval from the Commission. 20. Programme broadcasting and rebroadcasting via the Internet shall be regulated by a separate law. ARTICLE 32. Protection from Illegal Broadcasting and (or) Rebroadcasting 1. Without permission of the Radio and Television Commission of Lithuania broadcasters, having a broadcasting and (or) rebroadcasting license,  may not increase or otherwise change the coverage zones of broadcast programmes from those stipulated in the license. 2.  It shall be prohibited to illegally interfere in other programmes, broadcast though non-allotted channels (radio frequencies), cause broadcasting  interruptions.   according to the procedure established by laws. 3. For acts, in violation of broadcasting activity requirements established by this Article, liability shall be incurred in accordance with the procedure established by laws. ARTICLE 33. Cable Television, Wire Radio, MMTV 1. Operators and Cable television, wire radio and MMTV broadcasters must rebroadcast  television and (or) radio programmes. Programmes produced by the operators themselves or by broadcasters may be broadcast by cable television, wire radio networks and MMTV, if cable television and MMTV operators have acquired the licenses stipulated in item 6,  paragraph 7, Article 31 of this Law. Cable  television, wire radio and MMTV broadcasters may also provide some services which are unrelated to programme broadcasting, based upon  the laws governing provision of corresponding services. The Lithuanian Radio and Television Commission may limit the provision of services unrelated to programme  broadcasting, until the cable television, wire radio and MMTV broadcaster and operators has not implemented  the conditions set by the broadcasting license issued by the  Commission. 2. The Radio and Television Commission of  Lithuania shall establish cable television  and MMTV coding procedure. 3. Cable television and MMTV operators may insert advertisements only into their own produced  programme, broadcast through a separate channel, upon receiving from the  Commission a rebroadcasting license with the right to broadcast  a programme produced by themselves. It shall be prohibited to insert  an advertisement in to programmes that are being rebroadcast. 4. Operators must rebroadcast all of the uncoded terrestrial television programmes of Lithuania’s national range broadcasters.  Cable television  and  (or) MMTV  operators must rebroadcast at least one television programme of  a regional scope broadcaster. Operators must rebroadcast the television programmes of other regional scope  broadcasters, if the duration of said programmes is at least  six hours per a twenty-four hour period. The license issued by the Radio and Television Commission of Lithuania shall determine the minimum amount  and character of rebroadcasting by cable television networks and MMTV of other producers’ television programmes. 5. Rebroadcasting of the LRT Television Programme  shall be mandatory for all operators. Rebroadcasting of LRT Radio Programme shall be mandatory for all and wire radio operators who shall provide radio programme rebroadcasting services. 6. Operators and wire radio roadcasters shall not pay to broadcasters for mandatory rebroadcast  programmes. SECTION TWO REQUIREMENTS OF PRODUCTIONS  AND DISSEMINATION OF PUBLIC INFORMATION ARTICLE 34. Language  in which Public Information is to Be Produced,  and Disseminated 1. Public information shall be produced, and disseminated in the State Language or some other language pursuant to the provisions of the Law on State Language and resolutions of the State Commission on the Lithuanian  Language under the Seimas of the Republic of Lithuania.     2. Radio and television broadcasts transmitted in a language other than Lithuanian, must be translated into Lithuanian or presented with Lithuanian subtitles, excepting instructional, special occasion, special and retransmitted foreign state radio and television broadcasts or programmes, as well as broadcasts produced by the broadcaster and intended for ethnic minorities of Lithuania. The Radio and Television Commission of Lithuania may establish in licensing conditions the portion of broadcast and (or) rebroadcast programmes in the languages of national minorities, within the total broadcaster’s  programmes, taking into account also the needs of the national minorities residing within the broadcast programme coverage zone.  ARTICLE 35. Storing  of Published Information A producer of public information must keep a copy of a published issue for at least one year and  that of a sound or video production - for at least 3 months from the day of dissemination of the information. ARTICLE 36.  Requirements of Publications and Dissemination Thereof 1. Each publication must include State standard publishing data and international standard document number (ISBN, ISSN, ISMN). 2. The Government shall list the titles of periodical publications whose copies in the amount  established by the Government must be sent to libraries without charge. ARTICLE 37. European Audiovisual Works 1. The following shall be deemed to be European audiovisual works (hereinafter referred to as European works): which are 1) produced in the European Union Member States and the  States party to the European Convention on Transfrontier Television of the Council of Europe, if: a) their producers are established in those States; or if b) the production of these works is supervised and actually controlled by one or more producers established in those states; or if c) a share of the total cost of the co-production of these works supplied by the producers established in the said states is larger than a share supplied by the producers established in other (third) European states and the co-production (manufacturing) is not controlled by one or more producers established outside the territory of the European Union Member States and European third States party to the Convention on Transfrontier Television of the Council of Europe; 2) works produced in third Europen states,  that is  outside the territory of the European Union Member States or states party to the Convention on Transfrontier Television of the Council of Europe, in the event that the works are produced by producers of only one or more of those third European states or in co-production with the producers established in one or more European Union Member States, provided that the European Union has concluded agreements with these third European States, relating to co-operation in the audiovisual sphere and if these works have essentially been  produced by authors and producers, who live in one or several European countries. 2. Works that are not European works within the meaning of paragraph 1  of this Article, should not be considered European works, but that are produced within the framework of bilateral co-production treaties concluded between European Union Member States and third cou …